By Greg Oliver

Courtesy The Journal

goliver@upstatetoday.com

COUNTY — It appears the controversy over coal ash entering Pickens County is over, as the South Carolina Senate last week approved final reading of a bill designed to keep it from being dumped in Class 2 landfills statewide.

State Sen. Larry Martin, who along with state Rep. Davey Hiott introduced bills that passed each of their respective legislative bodies, said Monday that only a signature from Gov. Nikki Haley is required before the bill officially becomes law.

A source close to the governor said Tuesday the signing was expected to take place the following day.

“All we talked about was getting her up here (in Pickens County) to sign it, but she had a very busy schedule and, regretfully, couldn’t make it,” Martin said. “We hope to have a ceremonial signing with the delegation later this week (in Columbia).”

The Pickens County Legislative Delegation has expressed opposition to out-of-state company MRR Pickens LLC’s application for a variance to DHEC. That variance, the delegation said, would allow the company to dispose of coal ash in the landfill they said is “much too close” to the city of Liberty and Pickens County Industrial Park.

Martin and Hiott’s bill was referred to the Judiciary Committee, with language added by Martin to the House version.

The Pickens County senator said South Carolina utilities use Class 3 landfills and doesn’t see why that also can’t apply to MRR Pickens. Martin’s legislation also includes a five-year “sunset” provision that would require the Senate to go back and revisit when the time comes.

“We made a few technical changes to make sure we were covering the issue as thoroughly as we needed to without imposing on DHEC’s existing regulations that were in place,” Martin said. “You have some areas in the lower part of the state that are disposing of lower-grade coal ash, but those areas have agreed to place their coal ash in a Class 3 landfill.

“In essence, we stopped all out-of-state items from coming in and (mandated) that anything that comes in would have to be placed in a Class 3 landfill.”

Martin said there are 67 Class D landfills across the state, which means there is more than one in each of the 46 counties — none of which are using Class 2 licenses to dispose of coal ash.

Unless legislation is passed, the senator said any of those landfills could be converted to coal ash by placing a liner inside.

Martin said he is appreciative of the 39-0 vote the Senate provided in passing the coal ash legislation.

“They realize that, without this legislation, they could face the same thing,” Martin said.

MRR Pickens had filed a $25 million lawsuit against Pickens County, claiming the county could not prevent them from using the Class 2 landfill for coal ash. Judge Robin Stillwell denied the motion and ruled MRR could not dump any coal ash while the case moves through the legal process.